Opening Options

More Resources

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice and Court Services Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Criminal Justice and Court Services Act 2000

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

(3)For the purposes of this section, work done on any premises is treated as not being done on day care premises to the extent that—

(a)it is done in a part of the premises in which children are not looked after, or

(b)it is done at times when children are not looked after there.

(4)The duties referred to in subsection (1)(c) and (d) do not include (respectively)—

(a)caring for, training, supervising or being in sole charge of children in the course of the children’s employment, or

(b)duties involving contact with children in the course of the children’s employment.

(5)The reference in subsection (1)(d) to unsupervised contact is to contact in the absence of any responsible person or carer; and in this subsection, “carer” means a person who holds a position such as is mentioned in subsection (1)(c).

(6)The positions mentioned in subsection (1)(g) are—

(a)member of the governing body of an educational institution,

(b)member of a relevant local government body,

(c)director of social services of a local authority,

(d)chief education officer of a local education authority,

(e)charity trustee of a children’s charity,

(f)member of the Youth Justice Board for England and Wales,

(g)Children’s Commissioner for Wales or deputy Children’s Commissioner for Wales,

(h)member, or chief executive, of the Children and Family Court Advisory and Support Service.

(7)For the purposes of subsection (6), a person is a member of a relevant local government body if—

(a)he is a member of, or of an executive of, a local authority and discharges any education functions, or social services functions, of a local authority,

(b)he is a member of an executive of a local authority which discharges any such functions,

(c)he is a member of—

(i)a committee of an executive of a local authority, or

(ii)an area committee, or any other committee, of a local authority,

which discharges any such functions.

(8)In its application to Northern Ireland, subsection (6) is to be read as mentioning also the following positions—

(a)member, or director of social services, of a Health and Social Services Board established under Article 16 of the M2Health and Personal Social Services (Northern Ireland) Order 1972,

(b)member, or executive director of social work, of a Health and Social Services trust established under Article 10 of the M3Health and Personal Social Services (Northern Ireland) Order 1991,

(c)member, or chief education officer, of an education and library board established under Article 3 of the M4Education and Libraries (Northern Ireland) Order 1986.

(9)Any reference in subsection (7) to a committee includes a reference to any sub-committee which discharges any functions of that committee.

(10)For the purposes of subsection (1)(h), the holder of a position—

(a)only supervises an individual if he supervises the day-to-day performance of the individual’s duties, and

(b)only manages an individual if the individual is directly responsible to him for the performance of his duties or he has authority to dismiss the individual.

(11)For the purposes of this section, a charity is a children’s charity if the individuals who are workers for the charity normally include individuals working in regulated positions.

(12)For the purposes of this section, an individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this subsection do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.

(13)For the purposes of this section, the following are responsible persons in relation to a child—

(a)the child’s parent or guardian and any adult with whom the child lives,

(b)the person in charge of any establishment mentioned in subsection (2) in which the child is accommodated, is a patient or receives education, and any person acting on behalf of such a person,

(c)a person registered under Part XA of the M5Children Act 1989 for providing day care on premises on which the child is cared for, and

(d)any person holding a position mentioned in subsection (6).

(14)In this section—

“area committee” has the same meaning as in section 18 of the M6Local Government Act 2000,

“detention” means detention by virtue of an order of a court or under an enactment,

“education functions”, in relation to a local authority, means any functions with respect to education which are conferred on the authority in its capacity as a local education authority,

“executive”, in relation to a local authority, has the same meaning as in Part II of the Local Government Act 2000,

“social services functions”, in relation to a local authority, has the same meaning as in the M7Local Authority Social Services Act 1970.

(15)For the purpose of amending the definition of “regulated position”, the Secretary of State may by order make any amendment of this section (apart from this subsection) which he thinks appropriate.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Print The Whole Part

Print The Whole Cross Heading

Print This Section only

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open The Whole Act as a PDF

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enactedversion that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy